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HomeMy WebLinkAboutMinutes 02-09-2004City of Cape Canaveral Board of Adjustment Meeting Minutes February 9, 2004 A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 9, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Marilyn Rigerman Earl McMillin Robert Laws Connie McKone Paula Collins Chairperson Vice Chairperson 1 st Alternate MEMBERS ABSENT: Ronnie Farmer OTHERS PRESENT: Susan Chapman Bea McNeely Jeffrey Buak Todd Peetz Leo Nicholas Board Secretary Ex- Officio Member Assistant City Attorney City Planner Planning & Zoning Board Member All persons giving testimony were sworn in by Assistant City Attorney Jeffrey Buak. NEW BUSINESS Motion to Approve the Meeting Minutes of December 8 2003. Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of December 8, 2003. Vote on the motion carried unanimously. 2. Special Exception Request No 03 -03 to Allow Construction of a Single Family Residence in the C-1 Zoning District Block 69 Lot 8 Avon by the Sea Subdivision Section 23 Township 24 South Range 37 East - Stephen and Chelly Harkness Petitioners Mr. and Mrs. Harkness testified that the property was located in the C -1 zoning district and they were requesting a special exception to construct a single family residence. Mr. Harkness explained that the lot size would meet the city code requirements to allow a duplex but not a single family until City Council recently amended the code. Board of Adjustment Meeting Minutes February 9, 2004 Page 2 Mr. McMillin mentioned a court case filed against the city in 1985 regarding spot zoning. He advised that the court considered if a single family use was less intensive than commercial and if the residential use was in harmony with the city's Comprehensive Plan. Assistant City Attorney Buak responded that this request is consistent with our Comprehensive Plan if it met all the code requirements. Mr. Laws questioned if the zoning was established prior to the construction of N. Atlantic Avenue. Mr. Nicholas, Vice Chairperson of the Planning & Zoning Board explained that the first block between Poinsetta and N. Atlantic Avenue was split, one -half commercial and one -half residential. Mr. Harkness commented that the property is surrounded by residential. He commented that requesting a special exception was a financial burden. Mr. Nicholas responded that in the past, residents would complain that they were not notified of special exception requests, so the city amended its code to require certified notifications to all property owners within a 500 ft. radius of the property making the request. Motion by Mr. Laws, seconded by Ms. McKone to approve Request No. 03 -03. Vote on the motion carried unanimously. 2. .2 of Subdivision Section 23 Townshi V 24 South Ran r--,—Lorna ge 37 East- ' Robert A. Eckhart dba Cruise Creations Petitioner. Mr. and Mrs. Eckhart testified they were requesting a special exception to allow them to have beer and wine delivered to their business location for use in gift baskets they deliver to the cruise ships. They advised that they needed a 2APS license from the State which only allows package beer and wine. Mr. Eckhart explained that they strictly deal with travel agents who order the gift baskets by fax, they fill the orders and deliver the baskets to the cruise ships. They had no plans to fill orders for the general public. Mrs. Eckhart advised that Creative Baskets was owned by a different owner located at the Port and they wanted to buy part of her business for the gift baskets only and open their business under the name Cruise Creations. The Board members reviewed the submittal packet. Mr. Eckhart explained that the unit they were renting for the business was 288 sq. ft.. Mr. Peetz, City Planner advised that based on the square footage that they were only required to have one parking space. He advised that the Planning & Zoning Board's recommendation was to grant the request to this business owner at the specific business address. Assistant City Attorney Buak advised that legal counsel preferred that they grant the request to this type of business only (gift baskets with beer and wine), at a specific business address for delivery to the cruise ships at the Port and specify no package sales. Mr. Peetz verified that he had reviewed the required application checklist and the request met the code for this type of use with a granted special exception. Board of Adjustment Meeting Minutes February 9, 2004 Page 3 Motion by Mr. McMillin, seconded by Mr. Laws to grant Special Exception Request No. 03 -05 to the applicant at that address for a 2 APS license. Discussion followed. Assistant City Attorney Buak advised that the special exception must be granted to the property and not the individual requesting the exception. He asked Mr. McMillin to entertain amending his motion to grant the special exception to the property. Motion by Mr. McMillin, seconded by Mr. Laws to grant Special Exception Request No. 03 -05 for a 2APS license at 166 Center Street and limit the use to gift baskets for the cruise industries. Vote on the motion carried unanimously. DISCUSSION Mr. Laws asked the City Attorney for clarification on a 3 to 2 vote. Ms. McKone asked if the Board received a response to Mr. McMillin's letters dated April 22, 2003, June 19, 2003 and July 21, 2003. The Board verified that they had not received a response. Mr. McMillin stated for the record that he had written the letter on the Board's behalf and not himself as an individual. The Board requested that the letter be attached and made part of these minutes. The Board Secretary noted that the City Council meets the 1st and 3rd Tuesdays of every month at 7:00 p.m. if they wished to attend to bring up this issue. There being no further business the meeting was adjourned at 8:12 p.m. Approved this Y of 2004. ' Marilyn Riger:'an, Chairperson Susan Cha n, Board Secretary